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0-19 -22-55) /DAVID LAWRENC President Eisenhower unwit- tingly opened a Pandora's box when he urged the conference of Governors to assert the rights of the States, He said: “Never, under our constitu- tional system, could the Na- tonal Government have si- phoned away State authority without the neglect, acquie- ' seence, or unthinking co-opera~ tion of the States themselves.” But the question now being asked is how can the States today assert thelr. rights if the Supreme Court of the United States can pass “laws or adopt “legislation” that takes away from the States the rights they always thought they had un- der the Constitution? . This ‘Capital today has in it many officials and legislators who are angry over the latest Supreme Court decislonst—and many of them are in the ad- ministration itself, The Prest- ent shows an outward clam and urges respect for the court as an institution. He said, however, with remarkable re- straint to his press conference this week that “possibly in their latest series of decisions, there are some that each of us has Nei great trouble understand- g.”* x The Supreme Court. hes ren- ‘dered decisions which many Officials beleve will endanger the security of the Nation and make it easier for Communists to infiltrate the American Government. Likewise, many officials believe the States have been rendered powerless to carry on effective law enforce- ment against criminals, Rarely has there been such a sense of frustration in Gov- ernment as there is today as the Supreme Court goes on eleasing Communists as we various types of criminals including a confessed rapis A jon technical grounds deseri - Conveniently as “individ _e a "| Supreme Court ; t and. Tribunal Viewed as Taking Away { Powers of the Commonwealths bc, ee > G rights.” The idea that soclety as a whole needs protection against traitors and crooks is brushed aside, and the “indl-. vidual right” is ruled to be supreme, - Congress is told by the Su- preme Court that its investi- gating committees herealter cannot punish the refussl by - a witness to answer questions, even if the Fifth Amendment isn’t invoked. The edict also ts issued by the Supreme Court that free speech includes the right to preach forcible over- throw of the Government and that, only when the conspiracy is well under way and there ts an actual step taken to over- throw the Government, can effective steps be taken te pro- tect the Nation. Naturally, this type of rea- soning doesn’t sit well with Congress, though here end there are so-called “liberals”, who are rejoicing over the . decisions. The FSI and police agencies of States and cities, moreover, are worried. For the Supreme Court says detectives’ reports about any witness that the defendant’s counsel asks for must be made public, or the right of the prosecuting at- torney to use the witness must be forfeited.” The difficulties this introduces for the law- enforcement agencies of the country are incalculable. Congress doesn’t know now how to proceed ‘th its in- vestigations on any subject. For the court has said ques- tions directed to a witness must be phrased with the same explicitness and clarity as is required in a law court. The witness must be told Just what the purpose of any ques- tion is before an answer need , be made and then, if the wit- hess chooses, he can regard | the question as not “pertine nt” to the “tegistative purpose.” 63 JUL 5 “95m NTALED fe Re ee a a at RT ve ns the States » pce nea Et my: This ts 0 virtual sabotage of congressional procedures: But : it is algo a crippling blow-to | investigating committees - of State legislatures, cities and counties, | The Supreme Court has | certainly taken away many other powers of the States in the last few years. Thus, the court feels it has authority now to say how schools shalj operated, ‘how pupils shall | Parents what to do about — be assigned, how admission requirements shall be written, and to pass upon what parents of children in a community may say in urging other their children’s attendance at certain schools, This amounts - to virtually complete regule- tion of the schools under the : jurisdiction of the Supreme Court. This power Is one the States for generations erat of South Carolina, a direct solution. He has troduced legislation to de- fine the appellate jurisdiction of the Supreme Court. The Constitution gives that power to Congress. A law which says whet Federal statutes may be thought was reserved to te . - Senator Thurmond, De - appealed to the high court and what actions by the supreme - tribunals of the States can be accepted for appeal to the Supreme Court of the United States would be constitutional. Tt has been tried for brief Periods before in American history. This isn't the whole answer, but the moverient to curb the Supreme Court is growing. Bills to provide for recon- firmation of Supreme Court justices by the Senate after four years of service, bills to provide for selection of only lawyers of qualified experience, and bills with other limita- tions are being introduced in Congress {n a general revulsion of feeling against what - mond calls “judicial tyr " and “judictal usurpation.#} (Reproduction Furbts Rever H NR i 8 (22 - 44 juL 3 1957 “4 ae a —— le ar rEnIDED Tol son Nichols Boardman Belmone Mason Mohr Parsons Roses Tame Nease Vinterrowd Tele. Room Holloman Gandy 21 N.Y. Journal American N. Y¥. Times Wash. Post and Times Herald Wash, News —__.__” Wash. Star _#% N.Y. Herald : Tribune N.Y. Mitror N.Y. Daily News —_ . Daily Worker The Worker New Leader, Date tt